Texas Marital Settlement Agreement
A Texas marital settlement agreement lets divorcing spouses divide their community property, set spousal maintenance, and address custody and child support, then have those terms approved by the court and incorporated into the final divorce decree. Attorney review available.
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Introduction
Texas divides a divorcing couple's community estate not automatically in half but in a manner it deems just and right, and a marital settlement agreement is the written contract spouses use to settle how their property, debts, spousal support, and (by reference) custody and child support will be handled, so the terms can be approved by the court and incorporated into the decree that ends the marriage. Texas is a community property state: property, other than separate property, acquired by either spouse during marriage is community property (Tex. Fam. Code 3.002). On divorce, though, a Texas court does not simply split the community estate 50/50; it divides the estate in a manner it deems just and right, having due regard for the rights of each party and any children (Tex. Fam. Code 7.001). A Texas marital settlement agreement lets you set that division yourselves: if the court finds the terms just and right, those terms are binding on the court and can be incorporated into the decree (Tex. Fam. Code 7.006). Texas has no formula for the amount of spousal maintenance; a court that finds a spouse eligible weighs the factors in Tex. Fam. Code 8.052, and any court-ordered maintenance is capped at the lesser of $5,000 per month or 20 percent of the paying spouse's average monthly gross income (Tex. Fam. Code 8.055), for a limited duration (Tex. Fam. Code 8.054). Custody and child support follow the statewide child support guidelines (Tex. Fam. Code 154.125), stay subject to court approval, and remain modifiable, so an agreement cannot bargain them away. A court may not grant the divorce before the 60th day after the suit is filed (Tex. Fam. Code 6.702). DocDraft builds your Texas marital settlement agreement from your facts, with attorney review available before you sign.
Key Things to Know
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In Texas an agreement the court finds just and right is binding on the court (Tex. Fam. Code 7.006), and a marital settlement agreement is the written contract divorcing spouses use to settle property and debt division, spousal support, and by reference custody and child support, so those terms can be approved by the court and incorporated into the decree that ends the marriage.
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Texas is a community property state: property, other than separate property, acquired by either spouse during marriage is community property (Tex. Fam. Code 3.002). Separate property is what a spouse owned before marriage or received by gift, devise, or descent.
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Unlike some community property states, Texas does not divide the community estate in a fixed 50/50 split. On divorce a court divides the estate in a manner it deems just and right, having due regard for the rights of each party and any children (Tex. Fam. Code 7.001).
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A Texas marital settlement agreement lets the spouses set the division themselves. If the court finds the terms just and right, those terms are binding on the court, and the agreement can be set out in full or incorporated by reference in the final decree (Tex. Fam. Code 7.006).
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Texas has no formula for the amount of spousal maintenance. A court that finds a spouse eligible weighs the factors in Tex. Fam. Code 8.052, and court-ordered maintenance is capped at the lesser of $5,000 per month or 20 percent of the paying spouse's average monthly gross income (Tex. Fam. Code 8.055), for a limited duration (Tex. Fam. Code 8.054).
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Child support follows the Texas statewide guidelines, which apply guideline percentages of the obligor's net resources (Tex. Fam. Code 154.125). Custody and child support are decided in the best interest of the child, stay subject to court approval and modification, and cannot be bargained away.
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A Texas marital settlement agreement must be in writing and signed by the parties, and the court may not grant the divorce before the 60th day after the suit was filed (Tex. Fam. Code 6.702). If reached in mediation, a mediated settlement agreement is binding when it meets Tex. Fam. Code 6.602.
Key decisions before you file
Before you file a Marital Settlement Agreement in Texas, a few decisions shape the document: which option to choose and what each one means. The Marital Settlement Agreement guide walks through them.
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Texas Requirements for Marital Settlement Agreement
Community Property, Just and Right Division
Texas is a community property state. Property, other than separate property, acquired by either spouse during marriage is community property (Tex. Fam. Code 3.002). On divorce a court does not split the estate 50/50 but divides it in a manner it deems just and right (Tex. Fam. Code 7.001).
Set the Division by Agreement
A Texas marital settlement agreement lets the spouses set the property and debt division themselves. If the court finds the terms just and right, those terms are binding on the court and can be set out in full or incorporated by reference in the decree (Tex. Fam. Code 7.006).
Spousal Maintenance Is Capped
Texas has no formula for the amount of spousal maintenance. A court that finds a spouse eligible weighs the factors in Tex. Fam. Code 8.052, and maintenance is capped at the lesser of $5,000 per month or 20 percent of the paying spouse average monthly gross income (Tex. Fam. Code 8.055), for a limited duration (Tex. Fam. Code 8.054).
Child Support Follows the Guidelines
Child support follows the Texas statewide guidelines, which apply guideline percentages of the obligor net resources (Tex. Fam. Code 154.125). The parties may agree on an amount, but child support is decided in the best interest of the child and cannot be bargained away.
Custody and Child Support Stay Modifiable
Conservatorship, possession, and child support terms in a Texas marital settlement agreement remain subject to court approval and can be modified later in the best interest of the child. These terms are never fixed the way a property division can be.
In Writing and Signed
A Texas marital settlement agreement, or agreement incident to divorce, must be in writing and signed by the parties, and the court reviews whether the terms are just and right (Tex. Fam. Code 7.006). No Texas statute requires notarization of an ordinary agreement incident to divorce.
Mediated Settlement Agreements Are Binding
If the settlement is reached in mediation, a mediated settlement agreement is binding, and a party is entitled to judgment on it, when it contains a prominent statement in bold, capital letters, or underlined that it is not subject to revocation, and is signed by each party and their attorneys present at signing (Tex. Fam. Code 6.602).
Incorporation and the 60 Day Wait
If the court finds the agreement just and right, it can approve it and incorporate it into the Final Decree of Divorce (Tex. Fam. Code 7.006). A court may not grant the divorce before the 60th day after the suit was filed (Tex. Fam. Code 6.702).